What Happens If I Die Without A Will? Posted onJune 6, 2023April 23, 2025/ Devry Smith Frank LLP When someone passes away without a will in Ontario, their estate is divided according to strict provincial laws, not personal wishes. In this video, Toronto wills and estates lawyer Tijana Potkonjak explains how Ontario’s intestacy laws determine who receives what, based on your family structure at the time of death. From how much a married spouse receives to what happens when there are children, parents, or siblings in the picture, we walk through the rules that apply when there’s no will in place. We also clarify why common law partners are not treated the same as married spouses, and what this could mean for your loved ones. If probate is required, that too affects the estate process. This is essential viewing for anyone who wants to avoid unexpected outcomes and make informed choices about future planning. Tijana Potkonjak joined Devry Smith Frank LLP (‘DSF’) in 2022 as an associate lawyer in our personal injury and insurance defence departments. She earned her B.A. (Hons) from York University and her M.A. from Concordia University and finally received her J.D. from the University of Ottawa. She was called to the Ontario Bar in 2018. Tijana is committed to helping her clients feel heard and understood, reassuring them that their unique trauma is going to be addressed with empathy and compassion while making sure that their claims are dealt with in an efficient and expedient manner. To book a consultation for a will creation, please contact Tijana or our wills and estates department by emailing info@devrylaw.ca or by calling 416-449-1400.